Research On Regulation Patent Abuse In Patent Pool By Law

Since1856the United States sewing machine alliance create the world’s first patent pool so far, patent pool have experienced more than150years of development history, since the inception of the show is the huge market competitive power, and in the United States, the European Union, Japan rapidly. The patent pool is a collection of many patent, on the one hand, it can eliminate the implementation of the patent license obstacles, and greatly reduce the patent license transaction cost, promote the wide application of patent technology, has become a enterprises from other countries to participate in the global market competition of the important strategic weapons; On the other hand, due to the patent pool all of the enterprise to bring huge profits, make its have been in countries strengthen protection of the hotbed, gradually many foreign big company started abusing the patent right to limit competition, seek monopoly, as the press prevent competitors from a tool, which, to a certain extent, inhibit the technology development and innovation, make the patent pool become invalid patent for refuge. Just as Mr Exhaustion, in the words of:"patent system has the stale".In the knowledge economy today, patent pool license has become a high-tech field is very important licensing model, also have been influenced by the patent pool of our country, more attention in recent years about the patent pool and patent pool license the patent right of abuse in the research of the behavior emerge in endlessly, but unfortunately, so far our country hasn’t patent pool license the patent right misuse in the formation of a unified behavior and effective legal regulation system, mostly referring to contract law, the provisions of the patent law, anti-monopoly law, and in very strong theoretical, lack of maneuverability, this makes our country enterprise in rights almost there follow, increase the cost of rights. Together with the international mainstream patent pool by the developed countries is the control, and our country enterprise is the main permission object, the patent fee is too high in facing the most prominent patent pool monopoly hazards. So we have the necessary again to patent pool license model especially patent pool license the patent right misuse in behavior to thorough research and analysis, and to build our country unified the regulation of effective patent pool license the patent right misuse in the behavior of the legal system.And other than the domestic existing research, the innovation of this paper lies in:on the one hand, this paper not only in the pure theoretical discussion, and more turns on regulation patent pool license the patent right behavior of the implementation of the abuse of the deeper research mechanism, make its have more feasible. On the other hand, along with the anti-monopoly law of the promulgation and implementation of the law, and in reference to Europe, America, Japan, Taiwan and international legislation on the basis of practice, and puts forward the main mainly with the antimonopoly law, complementary contract law, such as patent law of patent pool license the patent right in the behavior of the regulation of the abuse of Suggestions. The letter divides into the introduction, the text, conclusions three most, of which the text by four chapters components:The first chapter mainly introduced the definition of the patent pool, types, characteristics and development history, and further expounds the role of patent pool license and a listing the patent pool license the patent right misuse in the main performance of the behavior.The second chapter basically for regulation of the abuse of patent pool license the patent right behavior theories for support, separately from the ban in civil law, the principle of patent rights abuse monopoly nature and patent licensing system, the relationship between the patent system and anti-monopoly system on purpose to the unity of the three aspects in detail.The third chapter basically introduces international treaty, the United States, the European Union, Japan and Taiwan in the abuse of patent pool license the patent right behavior of the legal regulations, through the analysis and comparison, concluded that can be applied in the legislation of our country suggest and implement mechanism.The fourth chapter first of all that the present regulation in the patent pool license the patent right of abuse of the status quo and the deficiency behavior, and then it puts forward some measures, on the one hand, need to contract law, anti-monopoly law and three patent law connected, coordination; On the other hand requests the enterprise itself measures should be taken to improve the innovation ability, strengthens the market competitive power.